The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-05-02

SUPREME COURT.
The COntempG Case Argued and
Submitted.


BEFORE THE CHIEF JUSTICE AND ASSOCIATE
JUSTICES M'cULLY, PRESTON AND BIcK-
ERToN. ness i
The case of Luther Aholo. Minister of
the Interior. against Robt. ]. Creighton,
editor of the P. c.. ADVERTISER, was called
for hearing before the Supreme Court in
banco last Friday night. Argument was
heard on Saturday. Ashford & Ashford,
attorneys tor petitioner; F. M. Hatcht at
torney for respondent. "a 40
The petition sets out that petitioner is
and has been Minister of the Interior for
the past six months. That on the 18th of
April w. o. Smith ct al. instituted suit in
the Supreme Court against him as Minister
of the Interior, which suit is still pending.
That on the 18th April Robt. ]. Creighton,
managing editor of the P. C.fADvERTIsER,
conspicuously printed in said newspaper
and distributed and published throughout
this Kingdom, and more especially
throughout the city of Honolulu, an article
with the heading and in words and figures
following. Here follows abstract of bill
in equity as printed That petitioner
shows and alleges that the material state
ments in said article alleged and set forth
are grossly scandalous of, and reflect in
juriously upon the petitioner in his capac-
ity as public official and as citizen, and
are calculated and tend to cast unjust sus-
picion of dishonesty and official misfeas-
ance and malfeasance upon petitioner, and
to prejudice the public with regard to the
merits of said cause. and to prejudice and
impair petitioners right to just and i'm
partial decision of such cause SO pending,
and to embarrass, impede and obstruct
the course of justice therein. Wherefore
petitioner prays that said Robert ].
Creighton be cited to appear to show cause
why an attachment should not issue
against him for contempt of Court for pub
LEGATION of said article.
For answer on rule to show caGse, Robt.
j. Creighton admits that petitioner is and
has been Minister of the Interior as
stated admits also that suit was brought as
alleged; that he is managing editor of the
ADVERTISER, and that publication as al
legged took place. Respondent states that
said article consists of correct abstract
without comment. of the allegations con-
tanned in said complaint; but denies that
the publication in question was intended
to prejudice the public with respect to the
interests of said cause, or to prejudice or
impair said Aholo's rights to just and
impartial decision, or to embarrass. inn
pede or obStruct the course of justice
therein. Respondent further says that
the complaint from which said abstract
was taken was furnished by one of the
Clerks OF the Supreme Court to a reporter
OF respondents paper, upon the ordinary
application of said reporter for informa-
ton as to business transacted in Court;
that said abstract was published merely
as q matter of news In which the public
was interested; that respondent had been
advised and believed that the records and
doings of the Kingdom were public and
open to the inspection of all persons; that
he did not intend any disrespect or con-
tempt of said Court, or of any rule or
order thereof; that said abstract was pub
lished in good faith, and concerned the of
fcial acts of a public officer OF which the
public had the right to be informed.
Wherefore he prays he may be hence dis
missed
Mr.. G. w. Ashford said that in present
ing this petition he was advocating some
novel points, very few of which had been
considered in the matter of the "Gazette''
contempt case. The general law of con-
tempt by publication was thoroughly ex-
amined then. but the circumstances varied
from those in the case at bar The answer
admitted some of the allegations of the pc
tition, and there was no dispute in the
answer up TO the point where it was set
forth that the article was a correct distract
of the petition without comment. That he
claimed was not true. The heading of an
article should always be included. The
heading in this case was: "Injunction
Prayed for Against Minister Aholo-A
Land Transaction Ventilated" The latter
part of the heading constituted comment,
and most injurious comment. It inn
piled that there had been a land transaction
and that there was something to ventilate
IN connection with it. That heading, fol-
lowed by the statements which did follow,
was as much as to vouch for the truth of
those statements. It was a journalistic
charge that the facts were true Therefore
that one line disposed of the defendants
Claim. But the chief principle 70 be laid